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HomeMy WebLinkAboutRes No 2574PLANNING COMMISSION RESOLUTION NO. 2574 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AND AMENDING A CONDITIONAL USE PERMIT TO OPERATE AN OUTDOOR DOG PARK AS A PART OF AN EXISTING BOARDING AND GROOMING FACILITY FOR DOGS AND CATS IN A SERVICE INDUSTRIAL ZONE LOCATED AT 73-725 DINAH SHORE DRIVE, APN: 694-240-007. CASE NO. CUP 11-357 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 15th day of November, 2011, hold a duly noticed public hearing to consider the request by the The Pet Hotel at Barkingham Palace for approval of the above noted; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act", Resolution No. 10-26 in that the Director of Community Development has determined that the project is a Class 3 Categorical Exemption; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to justify approval of the said request: 1. That the proposed location of the conditional use is in accordance with the objectives of the Zoning Ordinance and the purpose of the district in which it is located. The proposed location is in a Service Industrial zone. One of the purposes of this district is to provide services for local usage. The type of activity conducted at the proposed site is a community resource to the public, but typically is not favored in residential, office professional, or existing planned commercial zones so it is appropriately located in a Service Industrial zone. 2. That the proposed location of the conditional use and the conditions under which it will be operated or maintained will not be detrimental to the public health, safety or welfare, or be materially injurious to properties or improvements in the vicinity. Specific conditions have been placed on the boarding facility and proposed adjacent dog park to meet all applicable requirements of the Zoning Ordinance. This project, as mitigated by the conditions of approval, will not be detrimental to general public health, safety, and welfare or materially injurious to the properties in the vicinity. Water, sanitation, public utilities and services are already PLANNING COMMISSION RESOLUTION NO. 2574 constructed throughout the building and surrounding area. New equipment connections will be required for electrical and water to serve the outdoor dog park on a separate parcel. Impacts no more objectionable than existing Service Industrial uses are not expected due to the outdoor dog park. No new parking is proposed or required, so parking is adequate for the proposed activity, number of staff and customers anticipated. 3. That the proposed conditional use will comply with each of the applicable provisions of the Zoning Ordinance, except for approved variances or adjustments. The proposed use is consistent with the intent of the Zoning Ordinance; the organization operates a service based use that operates throughout the day during normal business hours and throughout the night when most adjacent businesses are closed. This use will provide a service to the community in a location that will not cause disturbances to its adjacent neighbors. No variances or adjustments are necessary for the project. 4. That the proposed conditional use complies with the goals, objectives and policies of the City's General Plan. The general plan land use designation for the site is 'Industrial / Business Park (I-B.P.)". A primary objective stated in the Land Use Element of the General Plan under Industrial Goals, Policies and Programs is Goal 1, which provides for the development of business parks and non-polluting industrial uses, and which assures compatible integration with other, non -industrial land uses. Policy 68 of the General Plan Land Use Element is to review all Business Park / Industrial development proposals with a special regard for public health and safety issues to ensure that the type and intensity of the use is appropriate for the proposed location and comparative with surrounding land uses. This project maintains a land use that is consistent with the goals, policies, and programs of the General Plan. The project is consistent with the General Plan in respect to the appropriate use of a boarding/grooming facility in the proposed location. The business is compatible with surrounding land uses, and is effectively located in a standalone structure and occupies a portion of a vacant parcel where it will not cause any disturbances to adjacent businesses, provided that no more than 25 animals are exercised outdoors at any one time and all sanitation requirements are met for waste disposal. 2 PLANNING COMMISSION RESOLUTION NO. 2574 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: That the above recitations are true and correct and constitute the findings of the Commission in this case. 2. That approval of Conditional Use Permit 11-357 is hereby granted, subject to conditions attached. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 15th day of November, 2011, by the following vote, to wit: AYES: CAMPBELL, DASH, LIMONT NOES: DE LUNA ABSENT: TANNER ABSTAIN: ATTEST: LAURI AYLAIAN, Secretary __. Palm Desert Planning Commission SONIA CAMPBELL, Chairperson 3 PLANNING COMMISSION RESOLUTION NO. 2574 CONDITIONS OF APPROVAL CASE NO. CUP 11-357 (AMENDMENT TO CUP 10-297) DEPARTMENT OF COMMUNITY DEVELOPMENT: 1. The development of the property shall conform substantially with exhibits on file with the Department of Community Development/Planning, as modified by the following conditions. Any proposed change of this Conditional Use Permit will require an amendment, which will result in a new public hearing. 3. Public hours of operation for The Pet Hotel at Barkingham Palace shall be from 8:00 a.m. to 6:00 p.m., Monday through Sunday. The Pet Hotel at Barkingham Palace shall have a maximum of 75 dogs and 25 cats at any one time. 5. An attendant must be present 24 hours a day. 6. Conditions of approval on the final design of the building regarding ventilation, sanitation, fresh food/water, proposed materials, and long term maintenance will be provided by an independent expert with experience in previous development of kennels and catteries. Amendment 1: a. Applicant must submit documentation to Building and Safety modifying the heating, ventilating and air conditioning systems to use a minimum of 60% fresh air and 40% recirculated air with 3 to 5 air changes per hour in any space housing animals to deter the spread of disease and control of odors. b. Applicant to provide adequacy calculations of existing plumbing systems required to handle animal waste and hair or provide new plumbing systems plans including floor and trench drains in kennel areas that are sized appropriately to handle the proposed number of animals. c. Applicant must provide impervious floor and wall surfaces to a height of 6' that can be washed and sanitized in any space housing animals. d. Applicant to provide certification from the manufacturer of interior turf installation for the specific use proposed relative to the proposed number of animals and drains installed. 4 PLANNING COMMISSION RESOLUTION NO. 2574 e. Applicant to provide a copy of the Burrtec service agreement maintaining pick-up of animal feces a minimum of four days a week. At the discretion of the Director of Community Development, frequency may be required to be increased to protect public health. f. The proposed kennel / cattery shall be constructed, maintained and operated in such a manner as to preserve and protect the general health, safety and welfare of the public and of the animals maintained in such kennels and catteries. In furtherance of this purpose, the Code Compliance Officer, in conjunction with the Director of Community Development may, in their discretion, impose such reasonable standards in addition to those contained herein. If at any time, animals are proposed to ucc or the owncr plans to develop an outdoor facility, an amendment will be required which will result in a new public h aring. Amendment #2: The 7,700 square foot dog park must remain in compliance with the existing conditions and the following amended conditions prior to utilizing or occupying the space. a. The dog park is not open to the public and is only for use with the adjacent boarding/grooming facility business. b. One attendant must be present in each fenced area of the dog park that a dog is present. i. One attendant capable of helping a large dog out of the pool must be present in the pool area any time a dog is present should emergency action be required. c. One staff member certified and trained for emergency situations with animals must be available 24 hours a day for immediate medical response. d. Shade and drinking water for dogs should be maintained and available any time a dog is present in any fenced area. e. No dog should be left unattended outside at any time. f. Artificial turf will not be allowed due to the high temperatures this surface attains in the summer heat, bacterial, and odorous effects associated with this type of use. g. Real grass turf must be maintained at 95% healthy aesthetic levels. 5 PLANNING COMMISSION RESOLUTION NO. 2574 h. Applicant must maintain a barrel of sand or appropriate fill material to fill divots made by digging dogs to maintain a safe level environment for employees and animals. i. Feces must be picked up daily and disposed of in accord with Condition 6e. j. All hard surface areas must be power washed 1 — 3 times a week depending on dog occupancy with Simple Green cleaner, or approved non -toxic, biodegradable approved equal. City staff must approve an equal product if Simple Green cleaner is not utilized. k. A masonry wall at a height between 5 — 7' should be installed along the west edge of the dog park, unless a mutual consent of adjoining property owners is submitted authorizing a dense hedge row to be installed and has the capability to grow to a minimum height of 7' within eighteen months. I. No dogs should be outside in the dog park between 6:OOp.m and 8:00a.m., unless one attendant can remain inside while in accord with Condition 7b and i. m. All improvements, site furniture, trellis covers, lifeguard towers, pool surrounds and railings must be reviewed and approved by the Planning Department prior to installation or permitting. Actual color samples, drawings, or furniture specification photos must be submitted. Staff may recommend features go through Architectural Review upon final submission of design elements. n. The proposed use must always comply with Chapter 9.24 Noise Control and Section 25.34.180 Special Standards related to noise in the Service Industrial District zoning code. No more than two dogs can be walked at any one time around the facility and surrounding area. During each walk all feces must be removed from any and all premises. 9. Should any plant material be damaged due to the outdoor activity of an animal that plant material shall be replaced in -kind immediately. 10. All conditions of approval shall be recorded with the Riverside County Clerk's office before any building permits are issued. Evidence of recordation shall be submitted to the Department of Community Development/Planning. 6 PLANNING COMMISSION RESOLUTION NO. 2574 BUILDING AND SAFETY DEPARTMENT: 1. Amendment: Project must conform to the current State of California Codes adopted at the time of plan check submittal. The following are the codes enforced at this time: 2010 CALIFORNIA BUILDING CODE (Based on 2009 IBC) 2010 CALIFORNIA MECHANICAL CODE (Based on 2009 UMC) 2010 CALIFORNIA PLUMBING CODE (Based on 2009 UPC) 2010 CALIFORNIA ELECTRICAL CODE (Based on 2008 NEC) 2010 CALIFORNIA ENERGY CODE (Based on the 2008 Energy Efficiency Standards) 2010 CALIFORNIA BUILDING STANDARDS ADMINISTRATIVE CODE 2010 CALIFORNIA FIRE CODE 2010 CALIFORNIA GREEN BUILDING CODE All existing buildings and facilities, when alterations, structural repairs or additions are made to such buildings or facilities, shall comply with all provisions of Division I —New Buildings, except as modified by this division. These requirements shall apply only to the area of specific alteration, structural repair or addition and shall include those areas listed below: A primary entrance to the building or facility and the primary path of travel to the specific area of alteration, structural repair or addition, and sanitary facilities, drinking fountains, signs and public telephones serving the area. 1134B.2.1 All contractors and subcontractors shall have a current City of Palm Desert Business License prior to permit issuance (Palm Desert Municipal Code, Title 5). 4. All contractors and/or owner -builders must submit a valid Certificate of Worker's Compensation Insurance coverage prior to the issuance of a building permit per California Labor Code, Section 3700. 5. The City of Palm Desert Department of Building and Safety shall provide a street address to all buildings used for residential, commercial, industrial, institutional, or governmental purposes as outlined in Department of Building and Safety addressing policy guidelines. New and existing buildings shall have approved street address numbers, building numbers or approved building identification placed in a position that complies with Building and Safety Department addressing policy guidelines and is plainly legible and visible from the street or road fronting the property. (Ord. 1173 Section 15.15) Please contact Debbie Le Blanc at the Department of Building and Safety (760- 776-6420) regarding the addressing of all buildings and/or suites. 7 PLANNING COMMISSION RESOLUTION NO. 2574 Amendment: 7. Permits are required for any structure such as the dog pool/deck, fencing, gates, lighting, mister system, etc. Construction drawings MUST be submitted for review and approval prior to permit issuance. Work done without proper approvals and permits are subject to fines and/or demolition. 8. Any electrical or water supply provided will need approval from SCE and CVWD. Existing electrical and water service from the adjacent property may not be allowed to serve the proposed lot improvements. 9. A separate address would be required for the proposed improvement area. 10. Any existing illegal construction within the current Pet Hotel at Barkingham Palace shall be removed or brought into compliance prior to any new permit issuance for any of the proposed work under this Conditional Use Permit. PUBLIC WORKS DEPARTMENT: 1. Improvements that are not on the approved site plan may be subject to additional requirements and plan submittals by the Public Works Department. Amendment: 2. A landscape and irrigation plan must receive final City approval prior to progressing with installation work. Applicant must obtain an approval from the Coachella Valley Water District prior to submittal to the City of Palm Desert for final approval. 8